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(영문) 서울동부지방법원 2015.04.30 2014고단1633
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Attachment] On November 10, 201, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. at the Seoul East Eastern District Court, and completed the execution of the sentence on May 19, 2012.

【Criminal Facts】

1. Around September 2013, the defrauded posted a sign on the Internet “B” website to sell golf bonds, and reported this fact to the victim C, who reported and contacted, saying, “I would send golf bonds by remitting money to the victim C.”

However, the defendant did not have the intention or ability to send the above things to the victim.

On September 9, 2013, the Defendant, by deceiving the victim, received 400,000 won from the victim’s account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

2. On January 23, 2014, the Defendant: (a) around 19:00, at the victim E’s house located in the Seoul Special Metropolitan City Gwangjin-gu DOOOOO; (b) had one credit card(s) owned by the victim, who was in the victim’s external speculative machine, using the victim’s cres or cres.

Accordingly, the defendant stolen the victim's goods.

3. On January 23, 2014, the Defendant violated the Fraud and the Specialized Credit Financial Business Act (hereinafter “Specialized Credit Financial Business Act”) issued an order for Kim(s) at a G cafeteria located in the Seoul Gwangjin-guF and the first floor, and settled the payment by presenting the credit card in the name of E, as set forth in paragraph (2).

As can be seen, the Defendant, by deceiving the above employees in the name of the above, received a delivery of 1 copy of Kim Jong-sung owned by the victim as the owner of the above restaurant.

In addition, from the above date to January 21:33, 2014, the Defendant used the stolen credit card unlawfully on 34 occasions, as shown in the attached list of crimes, and received property or acquired pecuniary benefits equivalent to the total market price of KRW 132,370.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each police statement of E and C;

1. A detailed statement of card use, his/her financial transaction.

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